Superhero Trademark Battle: Marvel and DC Lose Rights

Marvel and DC have lost their trademarks for the terms "super hero" and "super heroes" after holding them for decades. This decision came after a legal battle involving the comic series Superbabies. The ruling means that Marvel and DC can no longer claim exclusive rights to these terms, opening up new possibilities for other creators.

Background of the Legal Battle

DC had filed a lawsuit against S.J. Richold, the author of Superbabies, for copyright infringement. Superbabies countered, arguing that Marvel and DC couldn't own an entire genre.

The U.S. Patent and Trademark Office ruled in favor of Superbabies. Neither Disney, which owns Marvel, nor Warner Bros, which owns DC, responded to the request to invalidate the trademarks.

Impact on Creativity and Innovation

Adam Adler, the lawyer for Superbabies, stated that this decision is a win for creativity and innovation. He emphasized that placing superheroes in the public domain protects them as symbols of heroism accessible to all storytellers.

This ruling doesn't prevent Marvel or DC from using the term "super hero." However, it does mean they can't stop others from using it in their own branding.

What This Means for the Future

The loss of the trademark won't change much for Marvel or DC. They can still use the terms "super hero" and "super heroes" in their comics and movies.

However, other creators now have the freedom to use these terms as well. This could lead to new and exciting stories featuring superheroes from a variety of creators.

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